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081307 CC Reg MinCITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, AUGUST 13, 2007 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Lizee called the meeting to order at 7:01 P.M. A. Roll Call Present. Mayor Lizee; Councilmembers Callies, Turgeon, Wellens and Woodruff; Administrator Dawson; Associate Attorney Mayeron; Planning Director Nielsen; Finance Director Burton; Director of Public Works Brown; and Engineer Landini Absent: None B. Review Agenda Woodruff moved, Turgeon seconded, Approving the Agenda as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, July 23, 2007 Wellens moved, Turgeon seconded, Approving the City Council Regular Meeting Minutes of July 23, 2007, as Amended in Item 9.C, Page 9, Paragraph 10, Sentence 4, change "Woodruff requested Council add" to "Woodruff requested Staff add". Motion passed 5/0. B. City Council Work Session Minutes, July 23, 2007 Woodruff moved, Wellens seconded, Approving the City Council Work Session Minutes of July 23, 2007, as presented. Motion passed 5/0. Councilmember Turgeon requested Richard Stromberg and other interested residents be notified of when the Minnesota Bowhunters Resource Base was scheduled to make a presentation to Council. She stated she wanted the process that would be used for deer removal determined before the deer bow hunting season opened on September 15, 2007. Mayor Lizee stated it would be resolved by September 1, 2007. 3. CONSENT AGENDA Mayor Lizee reviewed. the items on the Consent Agenda. Turgeon moved, Wellens seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. SHOREWOOD CITY COUNCIL REGULAR MEETING August 13, 2007 Page 2 of 13 A. Approval of the Verified Claims List (This was moved to Item 9.E under General/New Business) B. Staffing - no action required C. Adopting RESOLUTION NO. 07-050, "A Resolution Accepting Quote and Awarding Contract for 2007 Pavement Marking Project." D. Adopting RESOLUTION NO. 07-051, "A Resolution Approving a Bluff Setback Variance and Impervious Surface Variance for Michael and Susan Fannon, 5625 Christmas Lake Point." E. Authorizing Submittal of the 2007-2008 Winter Trail Activities Permit Councilmember Callies stated she had a question regarding the timing of the pavement marking project. Director Brown explained road surface patching and sealcoating occurred in the spring and early summer, and those were generally completed before the roadway striping was done. Motion passed 5/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. REPORTS AND PRESENTATIONS None. 6. PUBLIC HEARING A. Sketch Plan Review Fee Mayor Lizee opened the Public Hearing at 7:08 P.M. Administrator Dawson stated this item was approved by the Council at its June 25, 2007, meeting. Because of an error in the legal notice that was published it was back on the agenda for the corrected public hearing and action. Mayor Lizee opened the Public Testimony portion of the Public Hearing at 7:09 P.M. Ron Johnson 5355 Shady Hills Circle, stated he had objected to the original public notice because the notice stated the Public Hearing would be conducted before the Planning Commission. He suggested Council delay taking action on this item and that it reconsider the need for a sketch plan review fee of $200 for subdividing properly. He stated a copy of Director Nielsen's memo explaining the rationale for the fee should have been published prior to the legal notice being published. He then stated he understood Nielsen's memo to indicate the sketch plan review was a special process; from his perspective the process was mandated. He perceived that this fee was considered about the same time he had provided the City with a sketch plan for review, and he thought the fee was targeted at him. He questioned if other cities charged for a sketch plan review; he was not aware of any that did. SHOREWOOD CITY COUNCIL REGULAR MEETING August 13, 2007 Page 3 of 13 Mayor Lizee closed the Public Testimony portion of the Public Hearing at 7:16 P.M. In response to a question from Councilmember Wellens, Director Nielsen stated there were other cities that charge a fee for a sketch plan review but he could not provide a list of cities off hand. Councilmember Callies stated that from her professional experience as a city attorney it was not unusual for a fee to be charged for a subdivision and sketch plan review. Staff generally spent approximately five hours to conduct a "typical" review. Administrator Dawson stated the fee would not apply to sketch plans that had already been submitted for review. Councilmember Turgeon stated it was her recollection that there had been other sketch plans that had been reviewed; the process provided Staff the opportunity to identify potential issues or core requirements that would have to be addressed in a more formal and costly process. The proposed fee was not specific to Mr. Johnson. Callies moved, Woodruff seconded, Approving ORDINANCE NO. 438, "An Ordinance Titled `License, Permit, Service Charges and Miscellaneous Fees'." Motion passed 5/0. Mayor Lizee closed the Public Hearing at 7:21 P.M. 7. PARKS Director Brown stated there had not been a Parks Commission meting since the last regular Council meeting. The next meeting was scheduled for August 14, 2007. 8. PLANNING -Report by Representative This item was discussed after Item 9.E on the agenda. Commissioner Hutchins reported on matters considered and actions taken at the August 7, 2007, Planning Commission meeting (as detailed in the minutes of that meeting). A. Tax-forfeited Property on Smithtown Circle Director Nielsen stated Hennepin County Taxpayer Services had forwarded a notice of tax forfeiture for a parcel of land located on the south side of Smithtown Road, immediately south of a cul-de-sac street name Smithtown Circle. The subject property was a small triangle of land which contained 6,098 square feet of area; it was a remnant from the platting of Smithtown Circle. Nielsen explained tax forfeited property was offered to the city. The city had three options for disposing of it: 1) the City could keep the property for a legitimate public purpose (e.g., right-of--way, conservation, etc.); 2) the City could approve the parcel for public auction; or, 3) the City could approve the parcel for auction to adjacent owners. He stated the size and shape of the property made it unusable for a public purpose, and it did not make sense for someone other than an adjoining property to the south to own it. Therefore, Staff recommended the property should be approved for auction to adjoining owners. SHOREWOOD CITY COUNCIL REGULAR MEETING August 13, 2007 Page 4 of 13 In response to a question from Councilmember Turgeon, Director Nielsen stated there was right-of--way in that area. Wellens moved, Turgeon seconded, Adopting RESOLUTION NO. 07-053, "A Resolution Concerning a Certain Tax-Forfeited Parcel Lying within the City and Approving it for Sale to an Abutting Owner." Motion passed 5/0. 9. GENERAL/NEW BUSINESS A. Excelsior Fire District 2008 Proposed Budget Administrator Dawson stated its July 25, 2007, meeting the Excelsior Fire District (EFD) Board took action on its proposed 2007 - 2028 Capital Improvement Program (CIP) and its 2008 Proposed Budget. Its decisions were based on several meetings, including a June 25 work session at which councilmembers of the EFD member cities made comments regarding the CIP and the budget. Dawson then stated the revised 2007 - 2028 CIP reflected the preferences of Shorewood and Deephaven to not include capital funding for technology in 2008, and to maintain the overall capital transfers at $1.55,000. The 2008 Proposed Budget needed to be approved by a majority of the member cities by September I, 2007. He commented Deephaven and Shorewood had already approved the CIP and proposed budget. Councilmember Turgeon stated the concerns of Deephaven and Shorewood had been fully addressed. Administrator Dawson stated Chief Gerber was present to answer any additional questions Council had. Turgeon moved, Woodruff seconded, Approving the 2007 - 2028 Excelsior Fire District Capital Improvement Program and the 2008 Proposed Excelsior Fire District Budget. Councilmember Woodruff thanked Chief Gerber, the EFD Board, and all those involved for their efforts in preparing the CIP and the proposed budget. Motion passed 5/0. Mayor Lizee thanked Chief Gerber for all of his efforts and for attending the meeting. B. Mound Fire Department 2008 Proposed Budget Administrator Dawson stated under the City's agreement with the City of Mound for fire and rescue services for Enchanted, Shady and Spray Islands. The City was allowed the opportunity to comment on Mound's proposed budget. He commented the City was in the first year of a three-year agreement for services. He explained Shorewood's costs for Mound fire and rescue services would rise from $23,256 in 2007 to $25,257 in 2008, or an 8.6 percent increase; the amount was based on a new formula agreed to in 2006 and the same level of service. Woodruff moved, Turgeon seconded, Accepting the 2008 proposed budget for fire and rescue services from the City of Mound. Motion passed 5/0. SHOREWOOD CITY COUNCIL REGULAR MEETING August 13, 2007 Page 5 of 13 C. South Lake Minnetonka Police Department 2008 Proposed Budget Administrator Dawson stated Council had the opportunity to review and discuss the Proposed 2008 Budget for the South Lake Minnetonka Police Department (SLMPD) and the SLMPD's proposal to provide Community Service Officer (CSO) services for 2007 at its August 6, 2007, work session. Council did not suggest any revisions to t11e budget. He noted the SLMPD Coordinating Committee recommended the 2008 proposed budget for consideration by the four member cities' councils. At the same work session there was discussion about a separate proposal to provide expanded community service officer (CSO) coverage; that coverage would include providing animal control services. Dawson stated the Excelsior and Greenwood city councils had approved the proposed budget. They had not acted upon the expanded CSO services proposal as of yet. Dawson explained the increase for Shorewood in 2008 for operating expenses would be approximately $47,800. He also explained the lease on the building was apportioned among the cities on a tax capacity basis. The City's share for 2008 would be $244,003 (55.33%); its share was $249,509 (56.45%) in 2007. SLMPD Chief Litsey was present this evening. Councilmember Turgeon stated she had no issue with the proposed operating budget with the exception of the Technology Fund. At the August 6 work session she had requested along-term capital plan (similar to the EFD's CIP) be prepared to reflect a replacement and purchase schedule. She would like to see that plan prior to approving the budget; from her vantage point there were still opportunities for Council to act on the budget prior to the September deadline. Chief Litsey stated the Coordinating Committee had made a decision to increase the contribution to the Designated Technology Fund from the Operating Fund by $2,000 per year from 2002 through 2008. Litsey stated significant changes were anticipated in 2009. The SLMPD Strategic Planning initiative that would occur later in the year would identify future capital needs, including technology. Administrator Dawson clarified the proposal for expanded CSO services could be considered at a future date. Councilmember Turgeon stated she would like additional information with regard to the animal control services component of the CSO proposal. Chief Litsey commented that Excelsior and Greenwood were interested in the CSO proposal, but focused their immediate action on the operating budget because that had to be acted upon by September 1, 2007. He explained if the four member cities agreed to the expanded CSO services proposal, the 2008 operating budget could be amended to include those costs. He stated that having additional discussion about what animal control services would be provided by the SLMPD could be beneficial; it was important the cities had a clear understanding that the SLMPD would provide, at a minimum, the same level of animal control services currently provided to the cities. Wellens moved, Woodruff seconded, Approving the Proposed 2008 South Lake Minnetonka Police Department Operating Budget. Councilmember Callies stated she did not think there was a need for much additional information regarding the proposal for expanded CSO services; she thought Chief Litsey had already provided a substantial amount of information. She then stated that animal control services was a small component of the proposal. She would support taking action on the proposal this evening. SHOREWOOD CITY COUNCIL REGULAR MEETING August 13, 2007 Page 6 of 13 Motion passed 5/0. Mayor Lizee thanked Chief Litsey for his efforts and for attending the meeting. D. City Hall Planning Administrator Dawson stated at its August 6, 2007, work session Council reviewed the updated construction costs from BKV Group for the 2004 "bridge" concept (which included short-term maintenance improvements), the 2005 renovation/addition option (12,200 square feet would be added to the building), and the 2005 new/replacement option (which would be 11,000 square feet larger than the existing building). At that work session some Councilmembers indicated they would like to take action on a direction at this evenings meeting, in particular the "bridge" concept. . Dawson then stated the 2004 "bridge" concept, which had been proposed as an interim solution, would become a permanent solution. The footprint of City Hall would remain the same, and the Council Chamber would be moved to an off-site location. The construction cost estimate for that solution was $851,000 in updated 2008 dollars. He stated the architect clarified that the costs included for fixing the water infiltration problems in the basement were for ashort-term solution; the costs for along-term solution must be determined. Dawson went on to state the updated construction costs for the 2005 renovation/addition option ranged from $2,052,000 to $2,228,000, and the updated construction costs for the 2005 new/replacement option ranged from $2,500,000 to $3,100,000. Dawson stated Council may want to select an option for further design, and Staff recommended Council authorize BKV Group to perform the more detailed design phase. Councilmember Callies stated it was her understanding that at its August 6, 2007, work session Council had discussed considering some of the short-term maintenance issues with City Hall to determine if they would realistically extend the life of City Hall for a significant period of time. In response to a question from Councilmember Callies, Administrator Dawson stated it was his understanding that at that meeting, some Councilmembers wanted to take action at this meeting on which of the three options should be designed in more detail. He stated since that meeting he provided Council of what improvements would be made as part of the "bridge" concept. Councilmember Callies stated she thought Council needed to consider a more comprehensive plan than the "bridge" concept which by its own terminology sounded temporary. From her vantage point Council should consider aself-contained City Hall building which was a decent public structure, and she thought that could be accomplished in acost-effective manner. She stated the facility should convey respect to the employees and the residents, and be effective for Council to work in. She stated that a decision to move toward the "bridge concept" was a move in the wrong direction; both the renovation/addition option and the new/replacement option provided long-term solutions to the maintenance issues at City Hall. The "bridge" concept also included conducting City Hall public meetings at another site, rather than having City Hall be the location for City business. She clarified that she was not purporting that City Hall be larger than need be; she thought a well constructed and attractive City Hall could be accomplished without using an exorbitant use of taxpayer money. SHOREWOOD CITY COUNCIL REGULAR MEETING August 13, 2007 Page 7 of 13 Callies then stated she did not agree with the "bridge" concept approach. The current City Hall did not meet the space needs or work place standards. She compared the existing improvements made under the "bridge" concept to the condition of the City's water towers; they were not well maintained and looked moldy, yet the water towers were part of the face of the City. She stated improvements cost money, and the Council had to be judicious in how it spent the taxpayers' money. Councilmember Turgeon stated the difference in the cost for the 2004 "bridge" concept and the cost for the new/replacement option was quite substantial. The "bridge" concept, which included resolving short- term maintenance issues, would solve many of the City Hail problems. She then stated the recent budget figure from BKV Group for an off-site chamber area was $250,000; a 1,000 square-foot chamber could be added to City Hall for less than that amount. She suggested another option that could be considered would be to do nothing more than replace the windows and siding and address the water infiltration issues, but no renovation would be done. She wasn't convinced a large chamber area was needed based on the number of instances where large public crowds attended public meetings. Councilmember Woodruff stated for the most part he agreed with Councilmember Turgeon. He commented the condition of City Hall was a travesty that should have been dealt with a long time ago. He stated he was the person that suggested the "bridge" concept be reconsidered; part of his suggestion was the existing chamber area would be used for additional office space, meeting rooms, etc., and the public meetings would be held at the Southshore Center (of which the City owned 50 percent) if necessary. He commented that from his perspective that was a way to provide the Southshore Center with additional funding by renting meeting space. He stated he did not think it was appropriate to spend the money necessary to replace City Hall; the size of the staff should remain the same and the City was almost completely built out. He then stated he thought the "bridge" concept had to last at least thirty years. He went on to state he was in favor of having the detailed design for the "bridge" concept completed; however, he was not in favor of using BKV Group as the architect for that effort. Woodruff moved, Wellens seconded, Moving forward with the "Bridge" concept as a long-term solution to City Hall improvements and to look for a different architect to complete the project. Councilmember Callies stated she was not clear about the motion. Councilmember Woodruff had stated in his version of the "bridge" concept the existing chamber area would be used for different purposes. Yet, he also stated that public meetings could be held in the area. She then stated she would prefer Council decide to embark on Councilmember Turgeon's approach to replace the windows and siding and resolve the water infiltration issues, rather than embark on the "bridge" concept at this time. She went on to state that building maintenance had been postponed for too long. She also stated there was a solution somewhere in between the "bridge" concept and the new/replacement option that should be considered. She commented the City had already invested a great deal of time and money with the BKV Group to develop alternative plans. Councilmember Turgeon stated there would be nothing that would prohibit public meetings being held at City Hall under the "bridge" concept. Councilmember Callies stated in 2006 Council had discussed the possibility of having a divided chamber area when the "bridge" concept was not being considered. Turgeon stated having multiple locations for meetings would require good communication. of the meeting location. Turgeon commented that nothing had been negotiated with the Southshore Center regarding renting meeting space, and research had to be done to determine if the Center had adequate storage space or the necessary equipment. SHOREWOOD CITY COUNCIL REGULAR MEETING August 13, 2007 Page 8 of 13 Councilmember Turgeon stated she was ready to agree to replacing the HVAC, siding, windows, and carpet; painting the interior; fixing the drainage issues; and doing the necessary landscaping. Director Brown clarified that three of the five furnaces in City Hall were at least 15 - 20 years old. Mayor Lizee stated her concern with Councilmember Turgeon's approach was it would solve maintenance issues, but it would not provide long-term solutions. She then stated it was not appropriate to assume the Southshore Center would provide along-term solution for public meeting space until discussions had been held with the Center and the Southshore Center funding issues were resolved. Councilmember Callies stated she would like further discussion about a solution somewhere in between the two extremes of a maintenance only concept and the new/replacement option. She would support the renovation/addition option. She stated although she had been a supported on the new building option in the past, her priority was to have aself-contained City Hall quality building that satisfied the City's needs. She also wanted further discussion regarding which architectural firm should be used. Motion passed 3/2, with Callies and Lizee dissenting. It was clarified that the City would select an architectural firm for the design using a request for proposal process. E. Approval of the Verified Claims List This item was discussed before Item 8 on the agenda. This item was removed from the Consent Agenda at Councilmember Woodruff's request. Councilmember Woodruff asked Director Brown to provide Council with a status update of the Badger Field Lighting project and the payment to Honda Electric that was on the verified claims list. Director Brown explained Honda Electric had submitted an invoice of $16,000 for a progress payment. The company had completed the wiring and the lights were operational, but there was a great deal of cleanup work remaining. The City retained a portion of the funds due to Honda Electric and the City would not release a performance bond until it was sure project had been completed satisfactorily. Brown anticipated one or two more payment requests from Honda Electric. He stated staff was discussing whether or not the drain the installation portion of the project should be delayed until the spring of 2008 because of the upcoming football season; it was likely it would be delayed so the turf could be reestablished. Woodruff moved, Wellens seconded, Approving the Verified Claims List. Motion passed 5/0. 10. ENGINEERING/PUBLIC WORKS A. Amlee Road, Manitou Lane, Glen Road Street Reconstruction Project Feasibility Report and Order Preparation of Plans and Specifications Engineer Landini stated Council had been provided with a status report on Amlee Road, Manitou Lane, Glen Road Street Reconstruction Project which was prepared by WSB and Associates per Council's request. He stated Council needed to define the scope of the project and determine what the width of the roads should be. SHOREWOOD CITY COUNCIL REGULAR MEETING August 13, 2007 Page 9 of 13 Engineer Landini stated Dave Hutton, a Principal of WSB & Associates, Inc, was present this evening. Mr. Hutton stated he prepared a memo which was distributed to Council which summarized WSB's engineering fees for the project. WSB had submitted a final feasibility report for all three streets in May 2007. In June 2007 Council authorized a contract with WSB to provide final design and construction oversight; that effort was approximately 75% complete, and completion of that effort was dependent on Council making a number of decisions. He stated he would entertain any questions Council had. Councilmember Turgeon stated she was pleased to see such a large number of property owners in attendance at the meeting. She stated at a public information meeting held on July 18, 2007, the property owners (the majority were of which were on Glen Road) adamantly stated they were opposed to widening Glen Road. She stated it was difficult to retrofit a 24-foot-wide road into an area that was developed in the 1950s. She commented that there were communities being developed with roads 18 feet wide. She recommended if the project could be done and the current width of the roads retained then Glen Road could be reclassified to be a private road which the residents would be responsible for maintaining; otherwise Glen Road should be widened to 20 feet. She commented the west end of Glen Road was currently 14 feet wide. Turgeon then stated she was unsure of how the project, including Glen Road, could be done if the residents were not in support of it. She asked Engineer Landini to comment on the easements that would be required. Landini explained a temporary construction easement would be required on all of the south side of Glen Road; a temporary construction easement would be required on three other properties; l 0 - 12 residents would be impacted by a storm sewer easement; there would be two permanent easements required on Glen Road if the road was widened to 20 feet of driving surface; and a couple of permanent easements would be required for fire hydrants. Turgeon questioned if the City was not able to obtain the easements would it be possible to solve any drainage issues in the project area. Landini stated if the City did not obtain the storm sewer easements, the storm sewer improvements could not be made, and they were one of the reasons for the project. He also stated the temporary construction easements were required to "shoehorn in" the 20-foot-wide or 24-foot-wide Glen Road. Turgeon stated for a cost of $2.4 million she would not support putting in a road that did not address the issues. Turgeon stated if the necessary easements could not be obtained, then maybe one of the three roads could be considered for a pilot polymerized emulsion asphalt project. Turgeon also stated there were studies that showed narrower roads reduced traffic speed. She stated she thought there were organizations that could help the City with the retrofitting of roads. Turgeon then stated if the City could not obtain storm sewer easements on Glen Road, then there was no reason to reconstruct it. Councilmember Callies stated based on Engineer Landini's report there was rationale for limiting the expanded width of Glen Road to 20 feet of driving surface. The primary goals of the project were to resolve drainage concerns, to install water, and to plan for the future property owners as well as the existing property owners. She commented she had received emails from property owners stating there had been past instances of major road repairs where watermain was not installed at that time, only for the road to be torn up at a later date to install watermain; she did not want that to occur again. She stated the three roads needed to be reconstructed, but there was not point in doing so if the drainage issues were not going to be resolved. Callies questioned the statement in Engineer Landini's report that stated no-parking restrictions would need to be established on Glen Road if the driving surface were widened to 20 feet. Director Brown stated although there were a number of City roads that did not have no-parking restrictions posted but yet SHOREWOOD CITY COUNCIL REGULAR MEETING August 13, 2007 Page 10 of 13 they were less than 20-feet wide, when a road was reconstructed to have a 20-foot-wide driving surface the restrictions would Have to be posted. Councilmember Turgeon stated there were newer studies that indicated if cars were parked on narrower roads traffic speed was slower; therefore, she was not support of no-parking restrictions until it became an issue. Engineer Landini stated if Council were to consider continuing this item to a future meeting, it was imperative that Council decide what the width of the roads should be so the appropriate exhibits could be prepared. Director Brown stated the width of Amlee Road was 25 feet, the width of Glen Road ranged from 16 - 20 feet, and the width of Manitou Lane was 21.5 feet. Councilmember Woodruff stated he also was concerned about the impact of widening Glen Road to a 24- foot-wide driving surface; he did not like the thought of 74 trees being removed. Because he did not have enough information regarding the impact of a 20-foot-wide driving surface, he dial not have a comment on what he would support at this time. Engineer Landini stated reducing the driving surface to 20 feet wide would still significantly impact the Glen Road properties and the number of trees that would have to be removed. Woodruff stated Glen Road was added to be considered as part of this project in Spring 2007 because of public comment. Councilmember Woodruff questioned if the stormwater improvements and watermain installation could be limited to Amlee Road and Manitou Lane. Councilmember Turgeon stated a lot of stormwater flowed from Glen Road to the Amlee Road area. Director Brown stated in the project area there were three major drainage concerns (there were less significant concerns also) -the low lying area along Glen Road, the rear yards between Glen Road and Amlee Road, and the area north of Amlee Road. The Amlee Road and Manitou Lane area drainage issues could be resolved without addressing Glen Road provided they included resolving the rear yard drainage issues. The closest connection point for City water was at the intersection of County Road 19 and Glen Road; the way to extend City water to Amlee Road and Manitou Lake would be to come down Glen Road. It may be possible to extend City water down the LRT trail from County Road 19, but that would be an expensive engineering effort, and there was not a lot of benefit to the City to install watermain on the LRT trail where it wouldn't be used. Councilmember Turgeon commented if watermain was installed along Glen Road even though the Glen Road property owners did not want City water, the property owners would still be assessed for the installation. Also there was no option for the Amlee Road and Manitou Lane property owners to have access to City water without extending it down Glen Road. Councilmember Callies stated if the number of trees that would have to be taken out on Glen Road to widen it to either a 20-foot-wide or 24-foot-wide driving surface would be the same, then maybe the wider surface should be constructed for safety reasons. Councilmember Wellens noted he was not in support of watermain installation along Glen Road based on the survey results. He stated he would support the Glen Road driving surface being widened to 20 feet of driving surface and the other two roads retaining their current width. He then stated if the City could not obtain the necessary easements, then the project should not move forward. There was lengthy ensuing discussion regarding road surface width alternatives, the need easements, and the installation of watermain. SHOREWOOD CITY COUNCIL REGULAR MEETING August 13, 2007 Page 11 of 13 Council directed Staff to pursue obtaining temporary construction easements and permanent easements based on Amlee Road retaining its current width of a 24-foot-wide driving surface, Glen Road having a 20-foot-wide driving surface, and Manitou Lane retaining its current width of a 22-foot-wide driving surface. It was assumed all three roads would have edge control. Council was made aware the changes would result in additional expenses from WBS for revisions. There was consensus to continue this item to a September ] 0, 2007, work session. Walt Knutson 24820 Glen Road, stated if Council was discussing widening Glen Road west to a maximum of 20 feet wide, either the road surface should be less than 20 feet with no edge control, or the road surface should be less than 20 feet with edge control. He also thought Glen Road wasn't considered to be included as part of the project until 2007. Wall~oyan, 24845 Glen Road, stated at the July 18, 2007, public information meeting it was confirmed that the way the project was proposed for Glen Road the project's construction impact area would be 30 - 40 feet wide based on the right-of--way and the power lines if the road surface was to be widened to 24 feet. Director Brown confirmed that figure. Mr. Piroyan commented to date there had not been any discussion with regard to what would happen to the power lines (e.g., would they be placed underground). He then stated the photo rendering that had been done did not adequately portray the impact of removing 75 - 1.25 trees. He questioned who would be legally responsible if the roads were reconstructed to a width less than the 24-foot standard. He also questioned what happened to the idea to bring in an arborist to discuss the impact on the trees. Engineer Landini stated no property owners signed to participate in that at the public information meeting; he commented they could still sign up for it. Director Brown explained the Fire Code specified a 20-foot minimum clear driving surface; edge control would be outside of that. The common standard that was used came from the Minnesota Department of Transportation -the standard stated a minimum width of 11 feet per lane of driving surface and edge control would be outside of that. The City's standard was two twelve-foot-wide driving surface lanes phis edge control He noted that although the agencies tended not to use the word "shall", the 12-foot wide lane standard was the standard used in the courts. Elizabeth Van 24170 Amlee Road, stated Amlee Road was currently 25 feet wide, and would be reconstructed to have a 24-foot-wide driving surface. She questioned why the City wanted to take 12 feet of her yard for an easement. Director Brown explained the current Amlee Road cul-de-sac averaged a diameter of 54 feet and the paved surface was 47 feet; the cul-de-sac would remain about the same width as it was. The edge control was outside of the paved area. Also, a temporary construction easement was needed for grading. Ms. Van stated she would lose trees because of that, and she questioned if the removal of existing trees and bushes along Amlee Road would exacerbate the existing drainage concerns. Ms. Van also questioned how the existing drainage concerns would be resolved. Ms. Van then questioned how the wetland damage which resulted from stormwater being conveyed to it would be addressed. Mayor Lizee stated Ms. Van could attend the September 10, 2007, work session if she wanted to ensure her concerns would be addressed. Councilmember Turgeon stated the City could not address the wetland area without approval from other authorities. Mayor Lizee stated the original scope of the project was to address drainage concerns in the area. Richard Eng, 25170 Glen Road, stated the Lyman property was beautifully wooded. He questioned why the City had not learned from the County Road 19 intersection project and the resulting drainage issues behind the American Legion. He questioned if the City could partner with Hennepin County to resolve SHOREWOOD CITY COUNCIL REGULAR MEETING August 13, 2007 Page 12 of 13 the drainage issues in the proposed project area; building another drainage pond would not solve the issue. Mayor Lizee stated the Gideon Glen project located on the west side of County Road 19 was a work in progress. The wetland area was working. The Council had received an update on the wetland in 2006, and would receive another one in 2007. B. Authorize Expenditure of Funds for Polymerized Emulsion Asphalt Pavement Coating Engineer Landini explained the Polymerized Emulsion Asphalt Project would be a test of a new product to supplement the City's tools to maintain street quality. The streets chosen for the project were Old Market Boulevard and Smithtown Circle. Old Market Boulevard was a higher traffic street with a good foundation. Smithtown Circle was chosen so the product would be tested on a cul-de-sac that had a solid foundation. The low quote for the project was from Bergman Companies Incorporated; the quote was $32,289.05. Councilmember Woodruff stated he had sent staff an email questioning there selection of those two roads. Old Market Road was rated a seven which indicated it was one of the better City roads. Smithtown Circle was rated a four. He also questioned why Yellowstone Trail between Lake Linden Drive and Country Club Road or Cathcart Drive were not selected. Director Brown stated staff responded to Councilmember Woodruff's questions earlier that day. He stated the product was very effective at sealing up the road surface after it had been patched. He explained the test roads would have to be able to be closed to traffic for 24 hours for the product to cure yet fire access had to be maintained to the area during that time. Another constraint for the test was the surface of the test road could not be too deteriorated. In addition, it was suggested the product be put down before September because of weather temperature fluctuations. The edge control on Old Market Road would make the application of the product easier, and the road was a high traffic road. He stated staff could have chosen Yellowstone Trail but it had just been sealcoated, and it had not considered Cathcart Drive. Councilmember Woodruff stated he was not suggesting staff select other test roads; he viewed the discussion as an educational process for Council. Wellens moved, Callies seconded, Adopting RESOLUTION NO. 07-053, "A Resolution Accepting Quote and Awarding contract for 2007 Polymerized Emulsion Asphalt Project." Motion passed 5/0. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff Administrator Dawson stated the group that was established to discuss an interim funding proposal for Southshore Center activities and expenses in 2008 met that morning. All of the cities' councils had approved the proposed concept (which had been discussed at the August 6, 2007, special Council meeting), and all wanted clarity the funding was for 2008 only. The Deephaven Council added another condition; the condition was to address the "Shorewood option" to purchase the Center in the 1996 cooperative agreement. Deephaven would not approve the concept without that condition in it. SHOREWOOD CITY COUNCIL REGULAR MEETING August 13, 2007 Page 13 of 13 Administrator Dawson explained the proposed change to agreement was in the event the cities decided to dispose of the building, the City would maintain the right of first refusal to purchase the Center, but would repay to each of the remaining cities an amount equal to their shares of contributions to the construction for the building, based on an appraisal of the value of the building at the date of termination. The rationale was if the cities were to take a more active commitment to the funding of the Center itself, then a greater equity interest should be recognized. Administrator Dawson stated the group would meet next on September 7, 2007, and they would like to be made aware of the City's position on Deephaven's request. He suggested the item be discussed at an August 27, 2007, work session. Councilmember Turgeon stated she appreciated Deephaven's concern. Administrator Dawson stated Deephaven would draft the one-year funding agreement document. B. Mayor & City Council In response to a question from Councilmember Woodruff, Director Brown stated Mr. Mason had picked up the water truck in Arizona and the truck was everything Staff had been told it would be. Mayor Lizee stated she volunteered at the Tour de Tonka Bike ride event; the event was a great success with 1,500 people participating. The event was a fund raiser for the American Red Cross and the food shelves. Mayor Lizee stated she conducted her first coffee with the mayor session on Saturday, August 1 1, 2007. The sessions are scheduled for the residents of Shorewood on the second Saturday of each month. 12. ADJOURN Wellens moved, Turgeon seconded, Adjourning the City Council Regular Meeting of August 13, 2007, at 9:05 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder Christine Lizee, Mayor